Trademark Infringement – Plaintiff & Defendant run jewellary businesses under their same ‘family surname’ – Can Plaintiff injunct Defendant from using ‘family surname’?

The Hon’ble Supreme Court of India in Precious Jewels & Anr Vs Varun Gems answered this question in negative and held as under;

“10. As stated hereinabove, Section 35 of the Act permits anyone to do his business in his own name in a bona fide manner. In the instant case, it is not in dispute that the defendants are doing their business in their own name and their bona fides have not been disputed. It is also not in dispute that the plaintiff and defendants are related to each other and practically all the family members are in the business of jewellery.

11. We have perused the hoardings of the shops where they are doing the business and upon perusal of the hoardings we do not find any similarity between them.”